PART VII Solemn Proceedings
The indictment
C1C2C3C4C5C6C7C8C9C10C11C12C13C14C15C16C17C18C19C20C21C22C23C24C25C26C28C27C29C31C30C3270 Proceedings against F5organisations.
1
This section applies to proceedings on indictment against F6an organisation.
F72
The indictment may be served by delivery of a copy of the indictment together with notice to appear at—
a
in the case of a body of trustees—
i
the dwelling-house or place of business of any of the trustees, or
ii
if the solicitor of the body of trustees is known, the place of business of the solicitor,
F18aa
in the case of a partnership prosecuted by virtue of section 1 of the Partnerships (Prosecution) (Scotland) Act 2013, the dwelling-house or place of business of any of the partners,
b
in the case of any other organisation, the registered office or, if there is no registered office or the registered office is not in the United Kingdom, at the principal place of business in the United Kingdom of the organisation.
3
Where a letter containing a copy of the indictment has been sent by registered post or by the recorded delivery service to F8any place, an acknowledgement or certificate of the delivery of the letter issued by the F1postal operator shall be sufficient evidence of the delivery of the letter at F9that place on the day specified in such acknowledgement or certificate.
4
F10An organisation may, for the purpose of—
a
stating objections to the competency or relevancy of the indictment or proceedings; or
b
tendering a plea of guilty or not guilty; or
c
making a statement in mitigation of sentence,
appear by a representative F11....
5
Where at the trial diet the F12organisation does not appear as mentioned in subsection (4) above, or by counsel or a solicitor, the court F2 may—
a
on the motion of the prosecutor; and
b
if satisfied as to the matters specified in subsection (5A) below,
proceed with the trial and dispose of the case in the absence of the F12organisation.
F35A
The matters referred to in subsection (5)(b) above are—
a
that the F13organisation was cited in accordance with section 66 of this Act as read with subsection (2) above; and
b
that it is in the interests of justice to proceed as mentioned in subsection (5) above.
6
Where F14an organisation is sentenced to a fine, the fine may be recovered in like manner in all respects as if a copy of the sentence certified by the clerk of the court were an extract decree of the Court of Session for the payment of the amount of the fine by F15the organisation to the Queen’s and Lord Treasurer’s Remembrancer.
F197
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F48
In subsection (4) above, “representative” means—
a
in the case of a body corporate (other than a limited liability partnership), the managing director, secretary or other person in charge, or locally in charge, of its affairs;
b
in the case of a limited liability partnership, a member of the partnership;
ba
F16in the case of a partnership (other than a limited liability partnership), a partner or other person in charge, or locally in charge, of the partnership's affairs;
bb
in the case of an unincorporated association, the secretary or other person in charge, or locally in charge, of the association's affairs;
c
in the case of any other organisation, an employee, officer or official of the organisation duly appointed by it for the purposes of the proceedings.
9
For the purposes of subsection (8)(c) above, a statement—
a
in the case of a body corporate (other than a limited liability partnership), purporting to be signed by an officer of the body;
b
in the case of a limited liability partnership, purporting to be signed by a member of the partnership,
F17c
in the case of a partnership (other than a limited liability partnership), purporting to be signed by a partner;
d
in the case of an unincorporated association, purporting to be signed by an officer of the association;
e
in the case of a government department or a part of the Scottish Administration, purporting to be signed by a senior officer in the department or part,
to the effect that the person named in the statement has been appointed as the representative for the purposes of any proceedings to which this section applies is sufficient evidence of such appointment.